HOUSE BILL
No. 2458 Session of 2000
INTRODUCED BY McGEEHAN, BELFANTI, GEORGE, CAPPABIANCA, WOJNAROSKI, HARHAI, MELIO, LAUGHLIN, THOMAS, FICHTER, HERMAN, GRUCELA, SHANER, KELLER, DONATUCCI, ORIE, PESCI, VAN HORNE, STABACK, DALEY, CAWLEY, RUBLEY, ROEBUCK, McCALL, LAWLESS, WOGAN, LEDERER, TRELLO, DRUCE, HORSEY, TIGUE, BATTISTO, READSHAW, BROWNE, COSTA, TRAVAGLIO, KIRKLAND, BARRAR, ADOLPH, STEELMAN, YOUNGBLOOD, TRICH, WILLIAMS, KENNEY, MYERS, RAMOS, WALKO, GEIST, O'BRIEN AND FREEMAN, APRIL 11, 2000
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 11, 2000
AN ACT
1 Requiring dormitories in public and private institutions of
2 higher education to conform to certain automatic sprinkler
3 system specifications; establishing a loan program; and
4 imposing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Dormitory
9 Automatic Sprinkler System Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Department." The Department of Labor and Industry of the
15 Commonwealth.
16 "Dormitory." Any building or structure that is used as a
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1 dwelling and is occupied and maintained for use by students or
2 faculty of an institution of higher education.
3 "Institution of higher education." Any of the following:
4 (1) A community college operating under Article XIX-A of
5 the act of March 10, 1949 (P.L.30, No.14), known as the
6 Public School Code of 1949.
7 (2) A university comprising the State System of Higher
8 Education.
9 (3) Lincoln University.
10 (4) The Pennsylvania State University.
11 (5) Temple University.
12 (6) The University of Pittsburgh.
13 (7) A private college, university or seminary that is
14 subject to 24 Pa.C.S. Ch. 65 (relating to private colleges,
15 universities and seminaries).
16 Section 3. Automatic sprinkler systems.
17 (a) Requirements.--Each dormitory in this Commonwealth shall
18 be equipped with an automatic sprinkler system that satisfies
19 the requirements of Pamphlet 13 or 13R of the National Fire
20 Protection Association.
21 (b) Compliance periods for existing dormitories.--Except as
22 provided in subsections (c) and (d):
23 (1) A dormitory that exists on the effective date of
24 this act shall be in compliance with this section not later
25 than five years from the effective date of this act.
26 (2) Within six months of the effective date of this act,
27 an institution of higher education with a dormitory subject
28 to this subsection shall submit to the department for
29 approval a detailed written report of the methods and
30 schedule to be used for compliance with this section. The
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1 schedule must satisfy the following provisions, unless a
2 shorter time period is reported and implemented by the
3 institution of higher education:
4 (i) Within 12 months of the effective date of this
5 act, the construction contracts for the installation of
6 the automatic sprinkler system shall be executed.
7 (ii) Within 24 months of the effective date of this
8 act, not less than 25% of the gross square footage of the
9 dormitory shall be equipped with the automatic sprinkler
10 system and be fully operational.
11 (iii) Within 36 months of the effective date of this
12 act, not less than 45% of the gross square footage of the
13 dormitory shall be equipped with the automatic sprinkler
14 system and be fully operational.
15 (iv) Within 48 months of the effective date of this
16 act, not less than 70% of the gross square footage of the
17 dormitory shall be equipped with the automatic sprinkler
18 system and be fully operational.
19 (v) Within 60 months of the effective date of this
20 act, not less than 100% of the gross square footage of
21 the dormitory shall be equipped with the automatic
22 sprinkler system and be fully operational.
23 (c) Conversion of existing buildings.--A building or
24 structure that exists on the effective date of this act and that
25 is converted into a dormitory shall be in compliance with
26 subsection (a) prior to the issuance of a certificate of
27 occupancy.
28 (d) Renovation of existing dormitories.--A dormitory that
29 exists on the effective date of this act and that is renovated
30 at a cost in excess of 25% of the dormitory's taxable value
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1 shall be in compliance with subsection (a) prior to the issuance
2 of a certificate of occupancy.
3 (e) New dormitories.--A dormitory that is constructed after
4 the effective date of this act shall be in compliance with
5 subsection (a) prior to the issuance of a certificate of
6 occupancy.
7 Section 4. Sprinkler Loan Program.
8 (a) Program.--The department shall establish and administer
9 a loan program for the purpose of providing low-interest loans
10 to public and private colleges and universities in this
11 Commonwealth to install or retrofit automatic water sprinkler
12 systems or automatic fire suppression or control systems in
13 college and university dormitories in order to comply with this
14 act. Loan payments shall be credited to the Sprinkler Loan Fund.
15 (b) Terms and conditions.--Each loan approved by the
16 department under this act shall contain the following terms and
17 conditions:
18 (1) The loan shall be subject to interest at a rate of
19 2% per annum.
20 (2) The loan shall be repaid within 10 years of the date
21 of the loan.
22 (3) Any other terms and conditions as promulgated by the
23 department.
24 (c) Application.--The department shall develop an
25 application for loans from the fund. No loan shall be approved
26 by the department unless the college or university seeking the
27 loan has completed the application and agreed to the terms and
28 conditions required by the department.
29 (d) Sprinkler Loan Fund.--There is hereby established a
30 separate account in the State Treasury, to be known as the
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1 Sprinkler Loan Fund, which shall be administered by the
2 department.
3 Section 5. Rules and regulations.
4 The department shall promulgate rules and regulations to
5 administer the provisions of this act.
6 Section 6. Requirements.
7 Contractors and institutions of higher education that
8 participate in the sprinkler loan program under section 4 shall
9 be subject to the following statutory requirements governing
10 construction projects and construction-related work:
11 (1) Section 1 of the act of May 1, 1913 (P.L.155,
12 No.104), entitled, "An act regulating the letting of certain
13 contracts for the erection, construction, and alteration of
14 public buildings."
15 (2) The act of August 15, 1961 (P.L.987, No.442), known
16 as the Pennsylvania Prevailing Wage Act.
17 (3) The act of December 20, 1967 (P.L.869, No.385),
18 known as the Public Works Contractors' Bond Law of 1967.
19 (4) The act of March 3, 1978 (P.L.6, No.3), known as the
20 Steel Products Procurement Act.
21 Section 7. Failure to comply with provisions of this act.
22 Whenever the owner of any dormitory, as described in this
23 act, shall fail to comply with this act, or the regulations
24 promulgated under this act, and upon whom a written order shall
25 have been served by the department to comply with the provisions
26 of this act and its regulations, and who fails to comply with
27 any written order within the time specified in the order, the
28 department is authorized to immediately order the dormitory to
29 be vacated or placed out of service until such time as the
30 requirements of this act and its regulations are fully complied
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1 with.
2 Section 8. Enforcement.
3 For the purpose of enforcing the provisions of this act, all
4 the officers charged with its enforcement shall have the power
5 to enter any dormitory and no person shall hinder or delay or
6 interfere with any of the said officers in the performance of
7 their duty, nor refuse information necessary to determine
8 whether the provisions of this act and its regulations are or
9 will be complied with.
10 Section 9. Appropriation.
11 The sum of $100,000,000 is hereby appropriated from the
12 General Fund to the Sprinkler Loan Fund.
13 Section 10. Penalties.
14 (a) Violation of act.--
15 (1) Any person that violates any provision of this act
16 commits a summary offense and shall, upon conviction, be
17 sentenced to pay a fine of not more than $1,000 and costs.
18 (2) Each day that a violation of this act continues
19 shall be considered a separate violation.
20 (b) Disposition of penalties.--The amount of the penalty
21 shall be forwarded to the department.
22 Section 11. Effective date.
23 This act shall take effect in 60 days.